In re Estate of Anderson, 311 Neb. 758

Background

Krystal J. Collins petitioned for informal probate of Carroll M. Anderson’s 2021 will and received letters appointing her personal representative; the will largely disinherited the decedent’s adult children, Roger D. Anderson and Carol J. Noble.
Anderson and Noble filed a formal will contest (alleging lack of capacity, undue influence, and misconduct), offered a 2002 will for probate, and requested (among other relief) appointment of a special administrator and an order restraining Collins. Payable-on-death accounts naming Collins as beneficiary and alleged dissipation risk were central to their concern.
Anderson and Noble timely served a notice transferring the will contest to district court under Neb. Rev. Stat. § 30-2429.01; the county court later scheduled and held a hearing on the special-administrator/restraining requests.
The county court concluded the transfer divested it of jurisdiction and denied the requests without deciding their merits, relying on In re Estate of Miller.
The children appealed; the Nebraska Supreme Court considered (1) whether the county court’s order was a final, appealable order and (2) whether the county court was divested of jurisdiction to decide the special-administrator and restraining requests.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the county court’s denial of a special administrator and a restraining order is a final, appealable order	Anderson & Noble: denial affects substantial rights (irreversible harm); cannot be vindicated after final judgment	Collins: no final order because parties are disinherited and rights can be vindicated on final appeal	Held: Order is final and appealable under §25-1902; denial of special administrator/restraining order affects substantial rights (citing Muncillo and Lakin).
Whether transfer of the will contest to district court under §30-2429.01 divests the county court of jurisdiction to appoint a special administrator or restrain the personal representative	Anderson & Noble: county court retains original probate jurisdiction to protect the estate and decide matters outside the narrow will-validity contest	Collins: transfer vests district court with jurisdiction over all related proceedings (relying on Miller)	Held: County court retains jurisdiction over matters outside the narrow question of will validity; Miller is disapproved to the extent it suggested otherwise.
Whether the county court properly denied appointment of a special administrator and restraining order on the merits	Anderson & Noble: appointment necessary to preserve estate given POD accounts and alleged misconduct	Collins: (procedural) court lacked jurisdiction; (merits) objected to claims	Held: Merits not decided; case reversed and remanded for the county court to address the requests on the merits.

Key Cases Cited

In re Estate of Miller, 231 Neb. 723, 437 N.W.2d 793 (1989) (held district court had jurisdiction to tax costs related to transferred will contest; language suggesting district court obtains jurisdiction over all related proceedings was applied narrowly here)
In re Estate of Muncillo, 280 Neb. 669, 789 N.W.2d 37 (2010) (denial of special administrator is a final, appealable order because the harm cannot be undone after the fact)
In re Estate of Lakin, 310 Neb. 271, 965 N.W.2d 365 (2021) (order denying suspension/removal and appointment of successor or special administrator is final and appealable)
In re Estate of Beltran, 310 Neb. 174, 964 N.W.2d 714 (2021) (orders denying discovery were not final where rights could be vindicated on appeal from final inventory; illustrates limits of finality analysis)
Bohling v. Bohling, 309 Neb. 625, 962 N.W.2d 224 (2021) (under §30-2429.01 the district court’s authority on transfer is limited to determining will validity; other probate issues remain for county court)
In re Estate of Cooper, 275 Neb. 322, 746 N.W.2d 663 (2008) (explains interaction between removal restrictions and appointment of special administrator)